USCIS Rescinds 2022 Public Charge Rule: New Green Card Standards Take Effect Sep 2026
USCIS will rescind the Biden-era 2022 public charge regulation effective September 18, 2026, expanding officer discretion to evaluate all relevant factors in green card applications. A new Form I-485 will be required beginning that date.
The U.S. Citizenship and Immigration Services (USCIS) has announced a final rule rescinding the public charge regulation that has governed adjustment of status applications since 2022. Published by the Department of Homeland Security (DHS), the new rule takes effect on September 18, 2026, and restores broader USCIS authority to assess whether an applicant is likely to become a public charge under the Immigration and Nationality Act (INA).
The 2022 Biden-era rule had narrowed the scope of public benefits and circumstances that USCIS officers could consider when making public charge determinations. Under the rescinded framework, officers were limited in the factors they could weigh. The new rule removes most of those restrictions, allowing officers to evaluate all relevant facts and circumstances on a case-by-case basis, consistent with the statutory language of the INA.
A key procedural change accompanies the policy shift: USCIS will release a revised Form I-485, Application to Register Permanent Residence or Adjust Status. Starting September 18, 2026, USCIS will reject any older editions of the form submitted on or after the effective date, whether filed by mail or electronically.
For EB-3 applicants pursuing permanent residence through adjustment of status, this change signals heightened scrutiny of financial self-sufficiency. Officers will have broader latitude to assess an applicant's likelihood of relying on government assistance, making thorough financial documentation more critical than before.
Applicants with pending or upcoming I-485 filings should consult with an immigration attorney before September 18, 2026, to ensure compliance with the new standards and to use the updated form version when it becomes available.
USCIS has officially rescinded its 2022 Public Charge regulation, reverting to prior standards. This policy shift directly affects green card applicants, including EB-3 workers, regarding government benefit usage assessments.
The Department of State announced effective July 15, 2026 that nonimmigrant visa applicants may be adjudicated at consular posts in their country of residence, expanding processing flexibility for applicants worldwide.
The Department of State now requires immigrant visa applicants to attend interviews at the consulate in their country of residence, not their home country. This policy shift impacts EB-3 applicants living abroad and changes how visa appointments are scheduled.